ATTACHMENT 6 - GENDER ASSESSMENT.pdf

August, 2007

This publication was produced for review by the United States Agency for

International Development. It was prepared by DevTech Systems, Inc. for the

STTA&T project, task order number GEW-I-01-02-00019.

GENDER ASSESSMENT

USAID/COLOMBIA

GENDER ASSESSMENT

USAID/COLOMBIA

Gender Assessment Team:

J. Michèle Guttmann

Catalina Rojas with Virginia Lambert

DISCLAIMER

The authors‟ views expressed in this publication do not necessarily reflect the views of the United

States Agency for International Development or the United States Government.

Gender Assessment

USAID/Colombia ii

TABLE OF CONTENTS

LIST OF ACRONYMS AND ABBREVIATIONS ................................................................................................ iii

ACKNOWLEDGMENTS ................................................................................................................................. iv

EXECUTIVE SUMMARY ................................................................................................................................... v

I. INTRODUCTION

II. INCORPORATING GENDER IN USAID PROGRAMS

III. OVERVIEW OF GENDER AND CONFLICT IN COLOMBIA

IV. GENDER CONSIDERATIONS AND RECOMMENDATIONS IN USAID/COLOMBIA PROGRAMS

A. Justice

B. Human Rights

C. Alternative Development

D. Internally Displaced Populations

E. Demobilization and Reintegration

V. MONITORING PROGRESS

VI. NEXT STEPS FOR THE MISSION

VII. CONCLUSION

ANNEX A: SCOPE OF WORK

ANNEX B: LIST OF PERSONS INTERVIEWED

ANNEX C: KEY ORGANIZATIONS AND RESOURCES ON GENDER IN COLOMBIA

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LIST OF ACRONYMS AND ABBREVIATIONS

AD alternative development

ADAM Áreas de Desarrollo Alternativo Municipal

ADR alternative dispute resolution

ADS Automated Directives System (USAID)

AUC Autodefensas Unidas de Colombia

CIAT Comité Inter-Institucional de Alertas Tempranas

CRO Centros de Referencia y Oportunidad Juvenil

DR demobilization and reintegration

EWS Early Warning System (also SAT)

FSN Foreign Service National

FTE Full-time Equivalent

GOC government of Colombia

IDP internally displaced persons/populations

INCODER Instituto Colombiano de Desarrollo Rural

IOM International Organization for Migration

LAPOP Latin American Public Opinion Project

MIDAS Más Inversión para el Desarrollo Alternativo Sostenible

Mission USAID/Colombia Mission

NGO non-governmental organization OAS Organization of American States

PMP Performance Monitoring Plan (USAID)

RFA Request for Application (USAID)

RFP Request for Proposal (USAID)

SAME Sistema de Acompañamiento, Monitoreo y Evaluación

SAT Sistema de Alertas Tempranas (also EWS)

SENA Servicio Nacional de Aprendizaje

SO Strategic Objective

SOW Scope of Work

UNICEF United Nations Children‟s Fund

UNIFEM United Nations Development Fund for Women

USAID United States Agency for International Development iv

ACKNOWLEDGMENTS

In preparing this report, the team sincerely thanks the USAID/Colombia Mission for the collaboration, support, and warm welcome provided throughout the process of preparation and field work for this Assessment. All of the USAID/Colombia Mission staff gave generously of their time and provided valuable information in contribution for this study. In particular, the team would like to offer thanks for the individual support, assistance, and accompaniment of Camila Gómez, Program Development Specialist and Gender Focal Point and Coordinator, and Orlando Muñoz, Senior Policy Officer (in the areas of Democracy and Rule of Law), for each of their time and extraordinary efforts in securing and attending invaluable interviews, providing significant guidance and suggestions, and for their input, patience, and unfailing good cheer throughout this study.

Mission management, team leaders, and other personnel likewise provided substantial additional information, resources, assistance in facilitating contacts with partners, and insight into the programs and gender issues and activities contemplated for future USAID/Colombia programming.

In addition, we had the pleasure of meeting and talking with numerous partner and implementing organizations, governmental officials, and other individuals concerned with gender issues confronting

Colombia, and open to discussions and providing opinions and suggestions for the team. Nancy

Hardy, Supervisory Program Officer, graciously opened her home in a reception for the team and many individuals and organizational representatives, at which valuable contacts were made and ideas shared. All of this openness, collaboration, and assistance greatly facilitated and contributed to the completion of this study, and for that the team extends its gratitude. We hope that the Mission finds the team‟s observations, suggestions, and this final report useful in achieving a greater degree of gender integration into the Mission‟s programs, both present and future.

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EXECUTIVE SUMMARY

The Gender Assessment for USAID/Colombia was prepared in anticipation of the 2007 Operational

Plan. The Mission asked that the assessment focus on gender in relation to the armed conflict and its effects, in five programming areas: justice, human rights (with emphasis on domestic violence), alternative development, internally displaced populations, and demobilization and reintegration of ex-combatants. The assessment provides an analysis of gender relations and potential constraints in each program area, and recommendations on how the Mission might address issues of gender and conflict within these programs.

Social relationships in Colombia, including those defined by gender, are circumscribed by the ongoing conflict. The conflict is reflected in basic demographic characteristics, an increasing proportion of female-headed households, and persistent poverty, especially in rural areas. At the same time, it has resulted in an increase in women‟s public roles and the emergence of civil society organizations and networks to advocate for peace, reconciliation, reparation, and human rights.

The conflict also has contributed to a substantial increase in violence against women and children, along with shifts in traditional gender roles. Gender roles and relationships in Afro-Colombian and indigenous communities are not necessarily the same as those in the dominant culture. Minority men and women face discrimination and victimization in various arenas – ethnic, geographic, economic and gender.

Gender Considerations and Recommendations in Justice Programs

In the multi-faceted justice program, opportunities for addressing gender concerns are most prominent in activities promoting access to justice and civil society involvement. To a great extent, the legal framework in Colombia requires gender equality and protection of vulnerable groups.

Judicial training and policies have begun to reflect attention to gender concerns, and a significant working group of magistrates has formed recently to focus on gender issues.

Problems that disproportionately affect women permeate the operation of justice systems, implementation of laws, and access to justice generally. Justice systems function most poorly in areas of vulnerable populations and conflict. In rural areas, the biggest problem is lack of coverage and incapacity; in urban areas, duplication of services and lack of coordination are major challenges.

Insensitivity to gender issues is prevalent, particularly among initial intake personnel, a point at which women are especially vulnerable to intimidation and easily discouraged from pursuing their claims.

Substantial gender-based challenges confront the alternative dispute resolution (ADR) component of the USAID/Colombia program, most visible in the Casas de Justicia. Although Colombian statutes require conciliation in most domestic violence cases, such processes are rarely appropriate, effective, or enforceable, and often subject the victim to further risk. Family and domestic disputes present inherent situations of gender-related power imbalance, and “conciliated” agreements may not reflect free will or true consent. Follow-up and enforcement to ensure compliance with such agreements is essentially non-existent. The vast majority of “conciliated” domestic violence and child support cases are followed by repetition of the offense. A woman may seek services another time or two, and then give up. This pattern marginalizes women in the justice system, while providing misleading statistics indicating that services were rendered and cases resolved.

A final major issue concerns the promotion of indigenous tribunals and practices, and potential conflicts with gender considerations and justice. Indigenous dispute resolution mechanisms may be vi antithetical to gender concerns and the rights of women, and may not adequately sanction domestic violence, sexual abuse or other abusive practices.

The following recommendations are presented:

Provide training and technical assistance to justice sector personnel, especially at the community level.

Pursue modifications to the Criminal Code and Criminal Procedures Code to re-establish the legal significance and judicial status of domestic violence as a crime and remove it from mandatory conciliation requirements.

Study the impact of the Casas de Justicia on clients, focusing on gender issues.

Pursue options for sanctions, enforcement, and support for victims of domestic violence in the event of noncompliance with informal conciliated agreements.

Identify major international actors and local NGOs to coordinate efforts, especially on justice and human rights issues in rural areas.

Support battered women‟s shelters and domestic violence service centers.

Before promoting indigenous dispute resolution systems, conduct a study to examine the intersection between gender and ethnic concerns.

Consider USAID support for collection of disaggregated judicial statistics through the

Judicial Council, and assistance to the magistrates‟ gender group.

Gender Considerations and Recommendations in Human Rights Programs

The human rights program focuses on “fundamental rights” affected by the armed conflict in terms of prevention, protection, and response to human rights violations or threats. Gender appears most prominently as a concern in the area of “protection.”

USAID/Colombia supports an Early Warning System (EWS) to monitor conflict areas and avoid large-scale community human rights abuses. UNIFEM has sponsored field tests of indicators for the

EWS to prevent gender-based violence evolving from the conflict. Regular collection and analysis of

EWS gender indicators would be valuable, but the capacity of the system is limited. It is equally important to make local authorities and NGOs aware of abuse targeted at women and how to handle sexual and domestic violence allegations.

Another component of the program promotes victims‟ rights to truth, justice and reparations through implementation of the 2005 Justice and Peace Law, whereby victims may denounce their victimizers and make claims for reparations. To date, over 90% of the claimants have been women.

Most women filing claims are highly traumatized and have few resources. While they are encouraged to publicly assert their claims, only minimal assistance has been made available to victims. Women making public allegations undergo additional trauma and risk of retaliation, without the prospect of meaningful assistance or security. The result is disillusionment, despair, and double-victimization.

Identify and incorporate a few targeted gender indicators into the EWS.

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Require the collection and compilation of statistics disaggregated by sex in human rights

“observatories” and national and local human rights plans.

Provide training and technical assistance to personnel who respond to complaints from women asserting human rights violations and pursuing legal claims.

Support the coordination and oversight of government assistance for victims of domestic or sexual violence, as mandated for claims under the Justice and Peace Law.

Explore support for the creation of witness protection programs to guarantee the security of women and men pursuing claims under the Justice and Peace Law.

Support human rights NGOs and networks that have a gender focus.

Examine issues and intersections of ethnic and indigenous human rights concerns and practices, and gender considerations, to design appropriate programming.

In a pilot area with a large displaced population, study the patterns of domestic and sexual violence to identify human rights and access issues.

Focus on follow-through services and in-depth assistance to victims of domestic and sexual violence, especially resulting from the conflict.

Gender Considerations and Recommendations in Alternative Development

A new phase of the alternative development (AD) program was initiated in late 2005, to strengthen the private sector economy and increase employment and income opportunities in licit activities.

Both of the central projects, MIDAS (Más Inversión para el Desarrollo Alternativo Sostenible or More

Investment for Sustainable Alternative Development) and ADAM (Áreas de Desarrollo Alternativo

Municipal or Areas of Municipal Alternative Development), have a mandate to serve vulnerable groups, and programmatically, gender issues – especially women‟s issues – have been considered primarily within this context.

In working with vulnerable populations, attention to gender, ethnicity, and regional variation is crucial. At the same time, the analysis of gender issues in the AD programs goes beyond and subsumes issues associated with vulnerable populations. No aspect of these large and complex projects can be considered “gender neutral.” Failure to take account of gender relations may compromise the results of the activities and contribute to tensions in communities and households.

To be effective, the analysis of gender relations in the AD projects should be activity-specific. Each location presents a distinct configuration of social characteristics and targets, and the gender-based constraints and opportunities need to be identified in this context.

Central topics to be considered in the gender analysis of activities include:

The characteristics of the workforce in the region in terms of composition, skills, experience and resources, the differences in these factors for men and women, and the potential impact of these characteristics and the gender differences on income-generating programs.

In the context of the value chain of economic activities, analysis of the relative roles of men and women at various points in the production, processing and marketing of the selected commodity, and potential opportunities.

In high-value agriculture, consideration of the gender- and ethnicity-based constraints that may affect participation in the targeted producer associations.

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In economic policy, particularly in terms of land tenure policies, consideration of the differential constraints and impacts for men and women.

The emerging activism of women at the community level in the context of the conflict and their potential role in strengthening local communities and civil society.

Articulate a precise gender integration policy and action plan for contractors.

Integrate gender in AD activities at three points: (1) gender analysis in preparation of the activity proposal; (2) process indicators to track gender factors in activity monitoring and reporting; (3) consideration of the results of the gender analysis in approval or disapproval of each activity proposal.

Include social variables as criteria in the assessment of proposals submitted to MIDAS by private sector firms.

Recruit and ensure the inclusion of men, women, and representatives of diverse community groups in all committees, councils, and initiatives focused on municipal development in the

ADAM project.

Include a gender advisor to work closely with the economic policy component of MIDAS to examine proposed legislation for potential gender bias.

Gender Considerations and Recommendations for Programs for Internally Displaced

Populations

In Colombia, the forced displacement of over three million people has resulted in major demographic and territorial changes with social, economic and cultural consequences. USAID supports the Colombian government in its programs for displaced people through income generation, housing, and social services. Consideration of gender, age, ethnic, and regional differences within the displaced and vulnerable communities is necessary to understand the impact of forced displacement and to improve the effectiveness and coverage of services.

The situation of displaced women and children is especially difficult. The most visible and alarming problems are the high rates of domestic and sexual violence in temporary shelters and receiving neighborhoods. Girls and young women, as well as women who have become heads of households because of the conflict, are especially vulnerable to sexual crimes and exploitation.

The armed conflict also may create flexibility in gender roles. In urban centers, the skills of rural women are more easily translated to informal employment than those of rural men. Women‟s increased access to income may foster more independence and control in their households;

unfortunately, it also may lead to increased domestic violence as men seek to re-assert family dominance. Gender differences also may be a factor in programs to reconstruct local communities.

As women become more independent and gain income they may take a more active interest in community relations, while men, who are unable to support their families, may withdraw from this arena.

Make women‟s security a primary consideration in all program design.

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Consider programs to educate men and boys in conflict resolution, gender equity, and values of solidarity and respect to combat violence against women, perhaps in combination with job and skills training for the urban environment.

Provide gender-sensitivity training for staff working in IDP communities.

Include individual and group therapeutic counseling and psychosocial sessions, as well as literacy classes, with vocational training and job placement programs.

Require quarterly analysis and reports on indicators of participation and results for population sub-groups defined by sex, age, ethnicity, and geographic region.

Gender Considerations and Recommendations for Demobilization and Reintegration

Programs

USAID supports the government demobilization process through implementation of legislation, operation of registration centers, and maintenance of a tracking and monitoring system. Gender issues relating to male and female ex-combatants, and the broader gender issues arising from family and community reintegration, have been addressed only minimally. Most ex-combatants (90 percent) are men. The most visible gender issue in the reintegration process is the strained and sometimes violent relationship between male ex-combatants and their wives or partners.

Programs to incorporate ex-combatants into the licit economy are a priority for successful reintegration. In addition to providing job training and assistance in job placement, however, the program also needs to deal with the stigma attached to returning combatants, especially women.

Among child combatants, programs initially must address high levels of promiscuity, violent behavior, interpersonal conflicts, and substance abuse. Significant positive results for demobilized youth could be achieved through training programs about gender roles and healthy and respectful relationships between boys and girls.

Arrange gender training for implementers, government staff, and others who provide services to former combatants.

Provide training to male ex-combatants (adult and youth) on anger management, conflict resolution, gender-based violence, and violence prevention.

Increase programs for the wives and families of male ex-combatants. Work with civil society organizations to monitor the effects on communities.

Continue support to the National Reparation and Reconciliation Commission through the work of the female commissioners, the Gender Unit of the Commission, and a possible fund to assist victims to participate in hearings.

Educate ex-combatants during the registration process about HIV/AIDS and appropriate methods to prevent infection.

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Monitoring Progress

Monitoring is central to gender integration in development projects not explicitly defined to increase gender equality. Three sets of suggestions are offered for monitoring the effect of gender relations on project results and on the relative status of women:

Sex-disaggregated data from people-level standard indicators should be analyzed to identify differences in outcomes between men and women, their significance, and whether mitigating measures are necessary.

Specific “custom” or process indicators should be developed for inclusion in the project monitoring database, based on the gender assessment.

USAID projects should carry out the small-scale evaluations identified in the assessment for specific, well-defined gender issues. The need for additional discrete, rapid assessments may emerge during project implementation.

Next Steps for the Mission

The next step for the Mission is to establish mechanisms to formalize the gender integration process in its portfolio. These mechanisms will provide the platform to set priorities in responding to the recommendations in the assessment and to respond to other gender issues as the projects evolve.

Integration of gender considerations in programming implies that gender factors are woven into each step in the programming process. The Mission should identify the mechanisms for each step, including oversight and approval, as well as the provision of resources for technical assistance and training.

The Mission should develop a Gender Action Plan to specify the terms of the Mission commitment to gender integration and identify concrete actions, targets, and a timetable for implementation.

The implications of the plan for each program area should be explicitly communicated to USAID partners.

The Mission also may wish to consider issuing a Mission Order to add legitimacy to the commitment. Another option is to establish a process for formal periodic reporting on the initiatives, achievements and findings in gender integration within each sector.

Finally, the Mission may wish to establish a coordinated approach to the cross-cutting issue of gender-based violence and security, since it appears as a central gender issue across program areas.

I. INTRODUCTION

USAID/Colombia‟s support for Plan Colombia began in 2000 through an assistance strategy focusing on the sustainable reduction of illicit crops and the promotion of peace in the country.

That strategy, extended for fiscal years 2006-2008, has been revised and tailored to concentrate on prevention of the underlying social problems that cause or contribute to the dual threats of illegal narcotics and terrorism. The revised strategy emphasizes program cohesion and interrelationships, geographic and regional concentration, and increased Colombian ownership and sustainability of program activities (“Colombianization”). To date, however, USAID/Colombia lacks a Mission-wide gender strategy; gender considerations in existing and planned programs have thus far been limited to certain activities without any overarching gender context.

New program plans and activities are being designed and developed in this early stage of the strategy extension, and the time is propitious for identifying and incorporating activities that address gender in a more strategic, cross-cutting manner. Toward that end, the Mission requested completion of a gender assessment. The purpose of a gender assessment is to provide an overview of key gender issues and to recommend how the Mission might address these issues and achieve greater gender integration in its programs. The Scope of Work (SOW) designated the following programming areas and activities for inclusion in this assessment, all within the specific contextual framework of gender and its relationship to the armed conflict and its effects: justice, human rights (with emphasis on domestic violence), internally-displaced populations, demobilization and reintegration of ex-combatants, and alternative development to drug cultivation and other illicit economic activities. The SOW seeks recommendations on how the Mission might address issues of gender and conflict within its programs, but does not call for a full or detailed program design and anticipates the necessity for further gender analyses.

Gender analysis and integration in USAID programs focus on two main areas of inquiry:

1. How will gender relations affect the achievement of the program results?

2. How will the program results affect the relative status of men and women?

This assessment was conducted by a team of three consultants: J. Michèle Guttmann (Albuquerque, New Mexico), and Catalina Rojas (Bogotá, Colombia and Washington, D.C.), with assistance from

Virginia Lambert (Washington, D.C.). Field work was completed over an approximate two-week period in December 2006.

This assessment report addresses gender issues relevant to programs in both current and contemplated strategies of USAID/Colombia. It is intended to be a starting point for an ongoing process to integrate gender into the Mission‟s strategic planning and program design. Dramatic and sudden programming changes are neither required nor encouraged. Rather, gender integration should be viewed and treated as a continuous process of education, awareness, analysis, and tailoring of activities over the life of the strategy.

The report first reviews the basic concept of and requirements for gender integration in USAID.

That section is followed by a brief overview of gender relations and issues in Colombia, specifically within the context of the armed conflict. The report then reviews each of the five programming areas specified in the SOW and provides recommendations as to each for gender integration.

Finally, the report presents ideas for monitoring progress, and suggests further steps for integrating gender in the Mission‟s upcoming strategy period and proposed programs.

The SOW for this assessment is attached as Annex A to this report. The report and the team‟s recommendations are based on meetings with Mission staff members, site visits, interviews with government officials, donors, NGOs, academics, USAID/Colombia implementing partners, beneficiaries, and others (see Annex B), along with a review of background materials and documents.

Annex C is a reference list of Colombian resources and NGOs working on gender issues.

II. INCORPORATING GENDER IN USAID PROGRAMS

The integration of gender considerations in development entails an understanding of the relationship between men and women in society in terms of the roles they play, which are both different and interdependent, and of the relationships of power between them and their differential access to resources. Both aspects of this relationship are important in applying gender analysis to development: different but interdependent roles, and relations of power and access to resources between men and women.

Gender refers to “the economic, social, political and cultural attributes and opportunities associated with being male and female.”1

From the point of view of development programming, gender integration is concerned with the impact of these relationships on program results, and on the impact of the program on the relative status of men and women. The point is to look for the implications of any program or policy for men and women, and to incorporate the needs and experiences of women and men as an integral part of the program design, implementation and monitoring.

Gender integration usually – but not always – involves a focus on women because women almost always are in a subordinate position in society. USAID pays attention to gender not only because gender affects program results, but also to promote gender equality and empowerment of women.

Gender integration means taking account of both the differences and the inequalities between men and women in program planning, implementing, and assessing. …

Experience has shown that sustainable changes are not realized through activities focused on women alone.

Gender analysis refers to the socio-economic methodologies that identify and interpret the consequences of gender differences and relations for achieving development objectives.

[An examination of gender differences and relations cannot be isolated from the broader social context.] Differential access to and control over resources (land, labor, capital, information, knowledge, institutions, social networks) is an essential component of the analysis, as is the comparative participation of men and women in the exercise of power and decision-making. Collection of sex-disaggregated quantitative and qualitative data

1 Development Assistance Committee, Guidelines for Gender Equality and Women‟s Empowerment in Development

Cooperation. OECD: Paris (1998).

provides the empirical foundation for assessing potential impact of gender relations on the program, and the relative benefits to men and women.2

An important aspect of gender analysis for a society living with internal armed conflict is the fluid nature and definitions of gender roles and relationships. Learning what it means to be a girl or boy is an integral part of childhood socialization, and gender roles are fundamental building blocks of social relationships. The stress and changing conditions resulting from armed conflict require adjustment of social norms for men and women as circumstances evolve and new demands emerge;

modifications of such essential roles and relationships often encounter resistance, and create new sets of problems.

USAID focuses on gender considerations throughout the programming process and specifically with respect to the following steps:

Strategic and Operational Planning;

Performance Monitoring Systems;

Activity Design and Activity Approval Documents;

Issuance of Requests for Proposals (RFPs) and Requests for Applications (RFAs).

The present report is a program-wide technical analysis and assessment intended as a basis to identify the dimensions and indicators of gender relations in each program area as the Mission begins implementing its new strategy. It is not a stand-alone document. Gender integration requires gender analysis as a part of each sectoral assessment. This report constitutes only a baseline reference document highlighting major issues and considerations – a broad overview of the status of women in Colombia in the context of the armed conflict. The analysis and recommendations can serve as an initial guide for the Mission to meet activity-level gender requirements, define indicators, and prepare a Gender Action Plan.

III. OVERVIEW OF GENDER AND CONFLICT IN COLOMBIA

Social relationships in Colombia, including those defined by gender, are circumscribed by the ongoing conflict. Women comprise 52% of the population, in part as a result of the disproportionate toll of the conflict on men. Likewise, the proportion of households headed by women is growing (from 24% in 1991 to 30% in 2002), increasing the burden on women to maintain and care for dependent children and the elderly.3 The gender analysis for USAID/Colombia focuses not only on issues related to social and economic development, but also on their interrelationship with conflict.

As elsewhere in the region, employment rates for women in Colombia have increased over the past

30 years much more rapidly than the rates for men and, as a result, the difference between men and women in labor force participation has narrowed. These higher rates reflect both disproportionate growth in positions normally held by women and increase in the demand among women for jobs and income. The informal economy is responsible for a large part of growth in jobs held by women. At the same time, women face higher levels of un-/under-employment than men.

2 ADS Guide to Gender Integration and Analysis, Appendix I (Glossary of Key Concepts).

3 Lara, Silvia. “Las Metas del Milenio y la Igualdad de Género. El Caso de Colombia.” CEPAL Unidad de Mujer y Desarrollo, Santiago de Chile (Sept. 2006) at 33.

Levels of schooling for girls are marginally higher than for boys. In 2002, only 2% of the school-age population was not enrolled in school (2.6% of boys, and 1.5% of girls). Sixteen percent of those starting school, dropped out without completing elementary school; the majority of these dropouts were boys. In spite of higher education levels, however, average earnings for women are, overall, 77% of the average earnings of men. The disparity is found across all levels of educational achievement. As elsewhere, the discrepancy in earnings is attributed in large part to segregation in the labor market. Men and women hold different types of jobs; jobs in which women predominate are lower paying than jobs held mostly by men. Another factor affecting the difference in annual earnings is that women are more likely than men to be in part-time or seasonal work. Women are less likely than men to own productive capital and property, and therefore more likely restricted in access to credit and financing for self-employment.

Both issues – unemployment and the discrepancy between men and women in average earnings – have been exacerbated during the last decade by the effects of the conflict, and the negative impact of these issues on household well-being and standards of living is growing. While the Colombian economy continues to expand at a modest rate, the growth has not been sufficient to create enough jobs to accommodate new entrants to the labor market and to counter the increase in the number and proportion of households living in poverty. Women and young people generally are affected by this downturn before men.

Both levels of unemployment and the amount of time required to find a job are higher now than they have ever been in Colombia.4 People living in rural areas and those with less education also suffer disproportionately. At the same time, the large number of families displaced by the fighting has increased the demand for jobs, especially among women and in secondary cities. More than half the population (52%) has household incomes below the poverty level – the same as the poverty rate in 1994. Nearly 80% of those living in rural areas live in conditions of poverty.

The inequality between men and women in Colombia in economic terms is also apparent in the political sphere. Despite a constitutional guarantee of equality and a political quota law at the national executive level, few women are found in decision-making positions at any level of government. In the 2002-2006 period, men held more than 90% of executive positions at the municipal and departmental level, and, on average, 88% of the legislative seats at national, departmental, and municipal levels. On average, in 2003, 17% of judicial positions were filled by women, 26% in the Consejo Estado, 15% in the Consejo Judicial, 11% in the Corte Constitucional, and 9% in the Supreme Court. The Ministries were the exception to this pattern. In the 2002-2006 period, half of the Ministries were headed by women5. Inequality in decision making also extends to positions of leadership in community and civil society organizations, as well as to corporate and professional organizations. Although women are active in these settings, gender-based stereotypes persist in terms of leadership6.

Domestic violence and gender-based violence are universal issues arising from differences in power between men and women within the household and in society. Violence against women and children, and especially sexual violence, increases exponentially in conflict situations because of the nature of conflict itself and as a consequence of displacement and social breakdown. Other contributing factors are the “culture of violence” that permeates the private spheres, and the

4 Id. at 23.

5 Consejería Presidencial para la Equidad de la Mujer, Observatorio de Asuntos de Género, Boletín No. 1, Mayo-Agosto 2004, “Participación política de las mujeres en Colombia.”

6 Boletín No. 1; CEPAL

“normalization” of violent behaviors, especially after five decades of continued violence. Both international and national organizations7 have identified violence against women as one of the principal human rights issues in Colombia today. Programs to eliminate these abuses must be grounded in an analysis of underlying gender relations, as well as their manifestation under conflict conditions.

In the same way that the impact of conflict on women is shaped by gender roles and their relative subordination, the conflict also affects men‟s roles in the household and the community. Most directly, men (and boys) are more likely than women to be drawn into the fighting, and to leave their traditional activities, their families, and their communities. They are more likely to be killed, kidnapped, and disabled.8 Men displaced from rural areas lose their primary sources of livelihood, e.g. their land and livestock, and their ability to support their families. With few skills to carry to new locations, men living in poverty are less likely to find employment (formal or informal) than are poor women. The psychological and social impact of the conflict on men is seen as a strong contributing factor to the rise in domestic violence and abuse.

Gender roles and relations are not universal. The definitions of roles for men and women, relative control over resources, and decision making vary within Colombia across ethnic groups, social classes, and even region. In terms of income and wealth, Colombia is among the most unequal countries in the world. Poor women and men, most often in rural areas, face quantitatively and qualitatively different constraints, opportunities, and expectations than those with greater resources.

The definition of the roles of men and women and the relationship between them in Afro-

Colombian and indigenous communities cannot be assumed to be the same as the dominant mestizo culture, or to present the same barriers and options. Minority men and women, but particularly women, face discrimination and victimization in multiple interwoven arenas: ethnic, geographic, economic, and gender.

Gender is not a static concept and the social upheaval of conflict is often a period of rapid change causing the re-negotiation or re-definition of gender roles and relations. In Colombia, two aspects of this re-definition have been identified. The first, as discussed below in the section on internally displaced populations, is the potential shift between men and women in household and community roles, and relative participation and influence. Options available to displaced rural women for jobs in urban settings are often greater than for displaced men, easing their adjustment to the new setting and causing imbalance in traditional gender roles. Second, the conflict has resulted in an increase in women‟s public roles, and the emergence of civil society organizations and networks to voice priorities and advocate for peace, reconciliation, reparation, and human rights.

The agendas of governmental and non-governmental organizations committed to gender equality and women‟s rights also respond to circumstances caused or exacerbated by the ongoing conflict.

The Consejería Presidencial para la Equidad de la Mujer plays the lead role in setting government policy on equity and currently focuses in three areas: employment and women in the economy, intra-family and gender-based violence, and political participation. During the coming year, the office anticipates working directly with the Ministries to institute gender mainstreaming across government programs.

7 E.g., UNIFEM: Women‟s Rights Divisions of Human Rights Watch: Colombian Human Rights Monitoring from SISMA-

Mujer Corporation.

8 92% of the victims of massacres in 2004 were men and 8% were women. In 2004, 73% of kidnapping victims were men and 27% were women. Media for Peace: http://www.mediosparalapaz.org/index.php?idcategoria=1872 (retrieved January

15, 2007).

http://www.mediosparalapaz.org/index.php?idcategoria=1872

Colombia has a vibrant civil society, representing a host of different sectors including business, students, unions, teachers, indigenous ethnic groups, peasants and women. The voices and demands of civilians trapped in a decades-long conflict accelerated in the early 1990s, as the peace networks gained increased visibility, through a public campaign focused on peace discussions and negotiations.

Women have led many of these peace initiatives. Colombian women also have organized to highlight the differential effects of the conflict on women and children, to reject violent actions by all armed actors, and to demand a gender perspective in issues of peace, reconciliation, and reconstruction.

IV. GENDER CONSIDERATIONS AND RECOMMENDATIONS IN USAID/COLOMBIA

PROGRAMS

A. Justice

Program Activities and Gender Considerations

Gender was not a focus of the initial design or scope of USAID/Colombia‟s 2001-2006

Administration of Justice Program, although a number of modest interventions directed to concerns of women were introduced midway through the program. Much of those incipient gender efforts rested on the numbers of women served or trained through justice programs. While a good beginning, counting men/women served is only a starting point for gender analysis. The extension and renewal of the justice program through 2008 presents an excellent opportunity for modifying the design and action plans to better address and incorporate gender considerations.

The principal components of USAID/Colombia‟s justice program for 2006-2008 are:

1) effective implementation of the revised Criminal Procedures Code providing for an adversarial and accusatory system

2) strengthened court administration and management

3) expanded access to justice

4) civil society participation in justice reform

Although present throughout, opportunities for addressing and incorporating gender concerns figure most prominently in activities promoting access to justice and civil society involvement.

With important exceptions, the legal framework with respect to gender equity is substantially good in Colombia. To a great extent, both the Constitution and statutory laws provide for and require gender equality and protection of vulnerable groups. In addition, many international laws and ratified treaties enjoy equal standing with the national Constitution, and Colombia has approved many international treaties recognizing and protecting equal rights, and guarding against discrimination. This legal framework permits ample opportunity to advance creative constitutional arguments in protection of gender and minority rights, even where specific statutory provisions may not exist, and the Supreme Court has been notably open and receptive to such arguments.9

9 Recently, the Supreme Court granted review of a sexual harassment based on arguments that the conduct at issue violated fundamental constitutional rights of gender equality and dignity. In this and other cases, the Court has opened the door to creative and imaginative legal arguments supporting expansive gender equity theories.

Progressive procedural mechanisms such as the tutela10 further expand access to courts to protect broad constitutional guarantees.

The judicial branch has incorporated some training policies and practices that reflect awareness and attention to gender in the administration of justice, although it does not yet collect or maintain adequate statistics to analyze the role of gender in court processes and judicial decision making.

Although women are still underrepresented at higher levels of the courts, the judicial branch does appear to have a fairly solid although slow-moving commitment to incorporate gender considerations, with some good strong backers in the high court and Judicial Council. A working group of magistrates focused on gender issues within the legal and judicial system has evolved in recent years.

Significant problems permeate the operation of justice systems, implementation of laws, and access to justice generally, which disproportionately affect women, especially in conflict areas where they are most vulnerable and subjected to violations of rights without redress. Marked dichotomies exist between formal vs. informal dispute resolution systems, Western vs. indigenous jurisdictions and tribunals or practices, urban vs. rural institutions and access, and duplication vs. lack of coverage of legal institutions and services. Centralized justice systems are functioning most poorly in areas of vulnerable populations and conflict, and the biggest problem in the rural areas is the lack of coverage and incapacity of legal and judicial actors and institutions. In contrast, a major problem in urban areas is duplication and lack of coordination of legal services, both formal and informal. These problems, in conjunction with the revised focus of the USAID/Colombia justice program on rural and underserved populations, provides an opportunity for interesting and fruitful synergies with the alternative development programs and locales, as well as local and municipal efforts and entities.

Justice actors and institutions in all regions, however, are characterized by overwhelming lack of awareness, inappropriate responses, and gender insensitivity; this is especially true with intake and lower level functionaries, including police, family court judges, conciliators, prosecutors, etc. At this point of initial contact, women are most vulnerable to intimidation and easily discouraged from asserting their legal and individual rights. Accounts are legion of these first responders humiliating, intimidating, and discouraging abused women from pursuing claims for sanctions, compensation, security, and protection.11

Alternative dispute resolution (ADR) methods, including informal conciliation, are major subjects of the access-to-justice component of USAID/Colombia‟s justice program, especially through its Casas de Justicia program. Conciliation and other ADR mechanisms are encouraged through law and practice to resolve all kinds of cases, including family disputes, child support, and domestic violence.12 Such cases have increased and will likely increase further because of the conflict, changed social roles, rising frustrations, displacement, and lack of social and economic services and options.

Substantial gender issues and challenges are presented by the current ADR efforts and undertakings.

First and foremost is the widely-recognized impropriety of using conciliation to resolve most types of domestic violence cases. Although Colombian statutes provide for and require conciliation in

10 A form of extraordinary writ to protect alleged constitutional violations; a tutela can be pursued pro se.

11 We were told of numerous inappropriate responses including the following: “Why don‟t you go home and take care of your family?” “Why don‟t you resolve this in the bedroom?” “Don‟t you have a father who can go beat him up [i.e. the woman‟s abusive lover]?”

12 Conciliation is required in both civil and criminal domestic violence cases unless physical injuries to the victim exceed 60 days, or there are other aggravating circumstances (scarring or disfigurement, handicap, pregnancy, minor or elderly victims, etc.). All qualifying cases – even repeated violations or habitual offenders – must pass through a mandatory conciliation stage.

most domestic violence cases, as a practical matter such processes are rarely appropriate, effective, enforceable, and often subject the victim to retaliation, humiliation, and further risk. Promotion and participation in this system requires very advanced training and enforcement mechanisms, which are largely absent.

A second challenge is the lack of effective or adequately trained conciliators and other personnel.

ADR mechanisms, including the Casas de Justicia, serve a majority of women as clients and conciliate most cases, many of which involve family matters, including domestic violence. Family and domestic disputes, however, present inherent situations of gender-related power imbalance, and often the woman is frightened and vulnerable. Even subtle pressure can easily influence outcome, and such imbalance must be compensated through use of sophisticated measures and methods; a conciliator must be highly trained and sensitive to gender issues so as to be capable of perceiving and understanding whether and how they affect the parties‟ expression of free will and consent.

Conciliators throughout the Colombian institutions – both formal and informal, paid and unpaid – were reported widely as insensitive, ineffective, and poorly trained and equipped.

Follow-up and enforcement to ensure compliance with conciliated agreements is virtually non-existent, and conciliation agreements are often violated in family disputes where the woman is the complainant. No appeal or route to the formal system exists, and the agreement is neither self-executing nor enforceable. To work, alternative dispute resolution methods have to be alternative to something real and enforceable, and have “teeth”; they cannot just serve as another hurdle to the formal justice system. Women seeking assistance to resolve their individual and family legal matters must have meaningful access to enforceable agreements or decrees, or a clear and expedient route into the formal justice system. This is especially important where conciliation is required in domestic violence cases; as it stands, a woman needs a high level of wherewithal to surmount all the pressure to conciliate and actually arrive in court to adjudicate her rights and sanction her abuser.13

We were told that virtually all, or the vast majority, of domestic violence and child support cases

“conciliated” were followed by repetition of the (supposedly conciliated) offenses; the woman might seek services another time or two, and then give up and stay home.